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A.R.S. § 14-3610

Ending a Representative's Appointment

Verified April 4, 202657th Legislature, 1st Regular Session

A personal representative's appointment can end in a few ways. It ends on its own after a closing statement is filed. It can also end by court order closing the estate. A voluntary resignation with written notice is another option.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

When the Appointment Ends on Its Own

Once a personal representative files a closing statement with the court, the clock starts. One year after that filing, the appointment ends on its own.

The representative does not need a separate petition or court hearing. The same applies when the court issues an order formally closing the estate.

An appointment of a personal representative terminates as provided in section 14-3933, one year after the filing of a closing statement.

A.R.S. § 14-3610(A)

This built-in expiration date is practical. It gives the representative a reasonable window to wrap up final details. At the same time, it keeps the appointment from staying open forever.

Resigning Before the Estate Is Closed

A personal representative may want to step down before the estate is fully settled. To resign, they must file a written statement with the registrar.

There is one key condition. They must give at least fifteen days of written notice to everyone with an interest in the estate.

A personal representative may resign his position by filing a written statement of resignation with the registrar after he has given at least fifteen days written notice to the persons known to be interested in the estate.

A.R.S. § 14-3610(C)

The resignation does not take effect right away. It only becomes effective once a successor is appointed, qualified, and has received the estate assets.

If nobody steps forward within the notice period, the court treats the resignation as though it was never filed. This rule keeps the estate from going without someone in charge.

A. An appointment of a personal representative terminates as provided in section 14-3933, one year after the filing of a closing statement. B. An order closing an estate as provided in section 14-3931 or 14-3932 terminates an appointment of a personal representative. C. A personal representative may resign his position by filing a written statement of resignation with the registrar after he has given at least fifteen days written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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